Agenda of Franklin Local Board

Franklin Local Board

12 December 2017

10-year Budget 2018-2028 consultation

File No.: CP2017/25913

Purpose

1. To agree local engagement events, and adopt local content and supporting information for consultation as part of the 10-year Budget 2018-2028 process.

Executive summary

2. Consultation on the 10-year Budget 2018-2028 (long-term plan) (LTP) will take place from 28 February – 28 March 2018. Local boards will be consulting on their areas of focus and advocacy for their 2018/2019 Local Board Agreement. The Local Board Agreement is part of the budget setting process for the first year of the 10-year Budget 2018-2028.

3. There will also be concurrent consultation on the Auckland Plan Refresh (APR), Regional Land Transport Plan (RLTP), Regional Pest Management Plan (RPMP) and the Waste Management and Minimisation Plan (WMMP).

4. This report seeks agreement from local boards on spoken interaction events that will be held in their local board area during the consultation period and to adopt their local content and supporting information for consultation, including:

· areas of focus for 2018/2019

· the key advocacy project.

5. The governing body will agree regional items for consultation on 11 December 2017 and local boards will agree their items by 14 December 2017. The regional and local consultation items will then be incorporated into the consultation document and supporting information, which will be adopted by the governing body on 7 February 2018.

Recommendation/s

That the Franklin Local Board:

a) Agrees, subject to approval by the governing body, to hold the following spoken interaction events during the consultation period:

i) Have Your Say event, Beachlands Hall (date and time to be confirmed)

ii) Have Your Say event, Waiuku Service Centre (date and time to be confirmed)

iii) Have Your Say event, Franklin: The Centre, Pukekohe (date and time to be confirmed)

b) Delegate to the following elected members and staff the power and responsibility to hear from the public through “spoken/NZ sign language interaction” in relation to the local board agreement at the council’s public engagement events during the consultation period for the 10-year Budget 2018-2028:

i) Local Board Members and Chair

ii) General Manager Local Board Services, Local Board Relationship Manager, Local Board Senior Advisor, Local Board Advisor

iii) any additional staff approved by the General Manager Local Board Services or the Chief Financial Officer

c) Adopts Attachment A local content for consultation and Attachment B local supporting information for consultation (of the report entitled “10-year Budget 2018-2028 consultation”), including their key advocacy project.

d) Delegates authority to the local board chair to approve any final minor changes required following review by council’s legal team and/or Audit New Zealand, of the local consultation content for the 10-year Budget 2018-2028 prior to publication, including online consultation content, and should any changes be made they are to be reported to the next business meeting.

Comments

6. The 10-year Budget sets out the priorities and funding for council activities that are planned over a 10-year period. It includes financial and non-financial information for the whole Auckland Council group. The Long-term Plan is reviewed and consulted on every three years.

7. As part of the 10-year Budget 2018-2028 process, the council is required to produce a consultation document. This will cover any significant or important issues proposed to be included in the 10-year Budget 2018-2028. The consultation document and supporting information will also include information on local board issues and priorities.

8. As part of the consultation on the 10-year Budget 2018-2028, local boards will consider and be consulting on their areas of focus and advocacy for their 2018/2019 Local Board Agreement. The Local Board Agreement is part of the budget setting process for the first year of the 10-year Budget 2018-2028.

9. Public consultation on the 10-year Budget 2018-2028 (LTP) will take place from 28 February – 28 March 2018.There will also be concurrent consultation on the Auckland Plan Refresh (APR), Regional Land Transport Plan (RLTP), Regional Pest Management Plan (RPMP) and the Waste Management and Minimisation Plan (WMMP).

10. Aucklanders will be able to provide feedback during the consultation process through a variety of channels which include verbal (or face to face), written, social media and digital. A report on how council will receive verbal feedback from the public was considered by the Finance and Performance Committee on 21 November 2017. At a high level, the report outlines several different types of events which are planned for specific audiences and communities as well as those planned for general Auckland residents. At that meeting, the Finance and Performance Committee resolved to:

“a) approve the approach…to receive all feedback from Aucklanders on the Long-term Plan and Auckland Plan from 28 February 2018 to 28 March 2018 comprising of:

· up to 25 Have Your Say events targeting general Auckland residents are held in local board areas across the region;

· four regional stakeholder events (traditional hearing style);

· an independently commissioned quantitative survey;

· community specific events to collect feedback from different demographic and interest groups. Demographic events will target Youth, Seniors, Pacific, Ethnic, Rainbow and Disability communities;

· hui with mana whenua and mataawaka.”

and

“c) require the Mayor and Councillors to attend a minimum of three Have Your Say events each to hear the views of Aucklanders and all regional stakeholder events.”

11. The final consultation process for the 10-year Budget 2018-2028 will be approved by the governing body on 7 February 2018.

12. Spoken interaction constitutes any opportunity where Aucklanders have a dialogue with decision makers or their official delegations on the themes relating to the consultation. The spoken interaction events recommended to be held in the Franklin Local Board area are:

· Have Your Say event, Beachlands Hall (date and time to be confirmed)

· Have Your Say event, Waiuku Service Centre (date and time to be confirmed)

· Have Your Say event, Franklin: The Centre, Pukekohe (date and time to be confirmed)

13. Local boards are requested to agree their key priorities and key advocacy project for 2018/2019 and adopt their local content and supporting information for consultation, as attached in Attachments A and B.

14. Any new local Business Improvement District (BID) targeted rates must be consulted on before they can be implemented. Local boards are therefore also requested to agree any new proposals for consultation.

Consideration

Local board views and implications

15. Local board decisions are being sought in this report.

16. Local boards will have further opportunities to provide information and views as council progresses through the 10-year Budget 2018-2028 process.

Māori impact statement

17. Many local board decisions are of importance to and impact on Māori. Local board agreements and the 10-year Budget are important tools that enable and can demonstrate council’s responsiveness to Māori. Local board plans, which were adopted in September and October of 2017, form the basis for local priorities.

18. Bespoke consultation materials for the Māori community are being developed. These materials will explain how the LTP and APR are relevant for them. Engagement advisors will have access to this collateral to support local engagement.

19. Specific regionally supported local engagement with Māori is being targeted for south and west Auckland.

20. An integrated approach to mana whenua engagement is being taken, with LTP and APR discussions already happening through the Mana Whenua Kaitiaki Forum.

21. There is a need to continue to build relationships between local boards and iwi, and where relevant the wider Māori community. Ongoing conversations will assist local boards and Māori to understand each other’s priorities and issues. This in turn can influence and encourage Māori participation in council’s decision-making processes.

Implementation

22. The governing body will approve the consultation document, supporting information and consultation process for the 10-year Budget 2018-2028 on 7 February 2018.

23. Following consultation, the governing body and local boards will make decisions on the 10-year Budget 2018-2028 and Local Board Agreements 2018/2019 respectively.

Attachments

No.	Title	Page
a ⇩	Franklin - local content for consultation	11
b ⇩	Franklin - local supporting information for consultation	13

Signatories

Authors

Christie McFayden - Graduate Advisor

Authorisers

Carol McKenzie-Rex – Acting General Manager Local Board Services

Nina Siers - Relationship Manager

Local Board	Key priorities
Franklin	· Reducing waste to landfill by planning for the development of community recycling centres in Beachlands and Pukekohe · Focus on caring for our natural environment, by continuing to support Wairoa River Action Plan implementation and by helping others to control weed and animal pests · Start on the ground delivery of local trails, including the Hunua cycle trail, Pohutukawa Coast trails, Waiuku trails and Pukekohe trails · Promoting Franklin tourism opportunities through branding, digital tools and as a motor home-friendly destination · Improvements to our existing community facilities, including our key advocacy project for developing the Karaka Sports Park as a multi-sport and community hub

Franklin Local Board

12 December 2017

Additional projects for the Franklin Local Board 2017/2018 Locally Driven Initiatives capital programme

File No.: CP2017/25968

Purpose

1. To seek approval from the Franklin Local Board for the addition of four projects to the 2017/2018 Locally Driven Initiatives (LDI) capital programme.

Executive summary

2. On 17 October 2017, Community Facilities staff workshopped proposed LDI projects with the Franklin Local Board.

3. Staff now seek approval to proceed with the below projects:

· Tamakae Reserve Wharf upgrade works – new seat

· Puriri Road Reserve – access improvements

· Pohutukawa Trails plan – stage one (consultation, design and consent)

· Waiuku Trails plan – stage one (consultation, design and consent).

4. This report outlines the scope of each project and recommends the budget allocation needed for each.

Recommendation/s

That the Franklin Local Board:

a) approve up to $40,000 of 2017/2018 LDI capex budget to install a fish hook seat as part of the Tamakae Reserve Wharf upgrade work.

b) approve up to $125,000 of 2017/2018 LDI capex budget to Puriri Road Reserve- access improvements (engineering design, pathway and steps).

c) approve up to $200,000 of 2017/2018 LDI capex budget to advance the Pohutukawa Trails Plan - stage one (consultation, design and consent).

d) approve up to $200,000 of 2017/2018 LDI capex budget to advancing Waiuku Trails Plan - stage one (consultation, design and consent).

Comments

Tamakae Reserve Wharf upgrade works – new seat

5. Tamakae Reserve provides a valuable recreational, historical and cultural landmark for the Waiuku community. In addition to providing a significant focal point to the main commercial area of the town as a local tourist attraction, the wharf provides direct linkage with the inlet and coastal reserves as a point of entry on the high tide for boats.

6. The Tamakae Reserve Wharf upgrade project adds both new features and the redesign of existing features in order to re-engage the public with the Tamakae Reserve. Works include:

· Repair the existing retaining walls.

· Reconstruction of the Historic Jane Gifford Wharves, involving replacement of the existing retaining walls and other features.

· Combination of hard and soft erosion management and landscaping works including stepped riprap bank design to reduce the heights of the banks of the estuary.

· Upgrade of existing stormwater systems, including local drainage network and rock riprap aprons for scour/erosion protection at the Tiware Stream outfall.

7. The works have numerous other benefits, relating to the amenity and use of this area and allowing for other potential future activities that will contribute to improve public access.

8. As part of the planned landscape planting and lighting design, a ‘fishhook’ style seat was included. Due to budgetary constraints however the seat was removed from scope.

9. Council staff recommend the seat be funded as it will give purpose to the whole development as a place for the community to relax and enjoy with views down the estuary to the Steel Mill in the distance.

10. Staff recommended that the local board allocate $40,000 from the 2017/2018 LDI capex budget to commission the ‘fish hook’ seat production and installation.

Puriri Road Reserve – accessway improvements

11. In 2014, a land slip occurred which damaged the track and caused irreparable damage to the timber stairs which formed a major part of the access linking the Puriri Rd Reserve to the foreshore of the Waitemata Harbour.

12. As a result of this slip the reserve access was closed for health and safety reasons. The remnants of the timber stairs that linked the track to the beach were removed.

13. This accessway is utilised widely by the local community for recreational access to the foreshore.

14. The local board have supported the community view that the accessway to the beach from the reserve be reinstated.

15. Community Services staff engaged professional services to provide a design for the reinstatement of the track and for the stair access to the beach.

16. Following the slip and consequent damage caused to the reserve and beach access, council engaged a geotechnical engineer Fraser Thomas Ltd to assess the stability of the Reserve and feasibility of replacement of the access.

17. The investigation concluded the reserve was suitable to have the track and beach access beach reinstated, however this work would require a further detailed engineering design before undertaking physical works.

18. Council staff recommended that the local board allocate $125,000 of 2017/2018 LDI capex budget to this project.

Pohutukawa Trails plan – stage one consultation, design and consent

19. The Franklin Local Board Plan 2014 outlines a key initiative to develop plans for walking, cycling and horse riding connections in response to local community feedback.

20. The process to develop plans in specific areas in Franklin commenced in Beachlands/Maraetai, with the formation of the Pohutukawa Coast Trails steering group. The steering group comprised of key representatives from local community groups and local board members.

21. The proposed connections were consulted on in September 2016. A total of 66 pieces of written feedback were received supporting the proposals and prioritising the routes.

22. At that time, Auckland Council engaged an external consultant to develop an identity for greenways across the region. The recommendation was that the name greenways was replaced by “Auckland Paths”, as people identified with that name rather than greenways which was associated with the eco-friendly side of walking and cycling.

23. A naming convention was also developed and rural paths are to be known as “trails”. As the steering group in Beachlands/Maraetai had already named themselves “Pohutukawa Coast Trails”, it was decided to call the plan a trails plan rather than a greenways plan.

24. A draft Pohutukawa Coast Trails Plan was developed incorporating the ten proposals and community feedback, where appropriate. This was the subject of targeted consultation in the local area, with 13 pieces of written feedback received supporting the plan and offering suggestions for alternative route options.

25. The Pohutukawa Trails Plan was adopted by the local board at its 6 June 2017 business meeting (FR/2017/72).

26. Council staff recommend that the local board allocate $200,000 of 2017/2018 LDI capex budget to advance the priorities under this plan through stage one consultation, design and consent.

Waiuku Trails plan – stage one consultation, design and consent

27. The Franklin Local Board Plan 2014 has a key outcome to develop a Greenways (Trails) Plan for Franklin, focussed on walking, cycling and horse riding connections in response to community feedback.

28. The board resolved to firstly focus on completing the Pohutukawa Coast, Waiuku and Pukekohe trails as their priority within an overall plan for Franklin.

29. In April 2017, a draft Waiuku Trails concept plan was developed and endorsed by the local board for consultation. The plan was notified through Shape Auckland with feedback sought from the local community.

30. Feedback that was received was overwhelmingly supportive and a Waiuku steering group was established consisting of invited community representatives chaired by the Franklin Local Board deputy chairperson. The purpose of this steering group was to review public feedback and the proposed trails plan.

31. The final draft Waiuku Trails – an Aspirational Plan has now been reviewed and endorsed by the Waiuku trails steering group.

32. A report will be submitted to the local board at its business meeting on 12 December 2017 recommending the adoption of the Waiuku Trails Plan.

33. Upon adoption of the Waiuku Trails Plan, council staff recommend that the local board allocate $200,000 of 2017/2018 LDI capex budget to advance the priorities under this plan through stage one consultation, design and consent.

Consideration

Local board views and implications

34. The projects in this report were discussed at the local board workshop on 17 October 2017. The local board was in support of the proposed recommendations.

Māori impact statement

35. All community assets contribute significantly to Māori well-being, values, culture and traditions. Where any aspects of the proposed projects are anticipated to have a significant impact on sites of importance to mana whenua then appropriate engagement will be undertaken.

Implementation

36. Upon approval of the recommendations in this report, Community Facilities staff will commence the planning phase of these projects.

37. As part of the monthly and quarterly work programme updates provided by Community Facilities to the local board, a confirmed delivery programme for each project will be advised.

Attachments

There are no attachments for this report.

Signatories

Authors

Tony Hart - Community Led & Locally Driven Initiatives Specialist

Authorisers

Kim O’Neill - Head of Stakeholder and Land Advisory

Nina Siers - Relationship Manager

Franklin Local Board

12 December 2017

Waiuku Trails Plan

File No.: CP2017/24251

Purpose

1. To adopt the Waiuku Trails Plan (Waiuku Te Ara Hikoi: Waiuku Trails - an Aspirational Plan).

Executive summary

2. The Franklin Local Board Plan) 2014 has a key outcome to develop a Greenways (Trails) Plan for Franklin, focussed on walking, cycling and horse riding connections in response to community feedback.

3. The board resolved to firstly focus on completing the Pohutukawa Coast, Waiuku and Pukekohe trails as their priority within an overall plan for Franklin.

4. In April 2017 a draft Waiuku Trails concept plan was developed and endorsed by the Franklin Local Board for consultation. The plan then was notified through Shape Auckland and feedback sought from the community through an open day held in Waiuku where the community were invited to view and discuss the draft concept plan. Feedback received was overwhelmingly supportive from both initiatives.

5. A Waiuku steering group was established consisting of invited community representatives chaired by the Franklin Local Board, Deputy Chairperson. The purpose of this steering group was to review feedback and the proposed trails plan.

6. The final draft Waiuku Trails Plan has now been reviewed and endorsed by the Waiuku trails steering group.

Recommendation/s

That the Franklin Local Board:

a) adopt Waiuku Te Ara Hikoi: Waiuku Trails - an Aspirational Plan (attachment A of the report entitled ‘Waiuku Trails Plan’).

Comments

7. The background to the development of this plan is that a feasibility study had been undertaken in 2012 by the Franklin Local Board focussed on developing walking and cycling trails within Waiuku with a strong emphasis on developing the trails on the existing esplanade reserve network.

8. The feasibility study had confirmed the development opportunity for walking and cycling trails on the existing Waiuku esplanade reserve network. The community fully supported this aspiration and have been advocating for investment into the trail network through a number of key Waiuku community and service organisations.

9. The earlier work undertaken in 2012 greatly assisted the development of the first draft Waiuku Trails Plan and the Franklin Local Board then endorsed this draft plan to be used for community engagement.

10. The Waiuku Trails Plan was initiated in March 2017 when a public open day was held in the town centre and direct contact was also made to a number of community organisations, service clubs and mana whenua to also discuss and feedback on this draft plan. The plan was also advertised for feedback on Shape Auckland in April 2017.

11. Feedback received on the draft plan was enthusiastic and positive with several individual people along with representatives from a wide range of community organisations expressing their desire to work with the Franklin Local Board in developing and then activating the final plan.

12. The final plan will be an aspirational document for Waiuku and it will include proposals for walking and cycling trails linking local parks, esplanade reserves, open space areas and residential streets with key destinations within Waiuku. The objective is to realise the following outcomes and benefits:

· provide improved active transport options

· create a connected community

· promote sustainable environmental outcomes through walking and cycling

· promote the use of open space by developing safe and attractive park connections

· encourage healthy lifestyle choices

13. The Franklin Local Board recommended that a steering group, consisting of invited community representatives and mana whenua be established to review the draft plan. The steering group was chaired by the Deputy Chairperson of the Franklin Local Board and its members represented the following community groups:

· Ngati Te Ata Waiohua

· Waiuku Waterfront & Reserves Management Committee

· The Mudlarks

· Waiuku Rotary

· Te Marama Hou Ministries

· Waiuku Lions Club

· Sandspit Rd Primary School

· Waiuku College

· Waiuku Yacht Club

· St John NZ, Waiuku

· West Franklin Community Trust

· Waiuku Golf and Squash Club

· Waiuku Rugby League Club

· View Rd School

· Glenbrook Vintage Railway

14. The steering group met monthly to review the draft plan document and focussed on understanding any physical constraints associated with the proposed pathways and taking into account Crime Prevention through Environmental Design principles.

15. The previous feasibility study that many within the steering group had been associated with in 2012 has aided general discussion and resulted in a speedy development of this draft Waiuku Trails Plan. The group’s broad knowledge of Waiuku and background in the earlier study contributed to cohesive, enthusiastic and positive discussions at each meeting which has resulted in this final draft plan.

16. Following the review of the draft plan by the steering group there were several minor changes recommended linked to physical constraints only. The final draft trails plan (Attachment-A) is now submitted to the Franklin Local Board for approval and adoption.

Consideration

Local board views and implications

17. The development of the Waiuku Trails Plan is a Franklin Local Board project funded by the board, working in partnership with the community. The plan steering group was chaired by the Deputy Chairperson of the Franklin Local Board and its members represented community groups across the Waiuku area.

Māori impact statement

18. Ngati Te Ata Waiohua representatives have been actively involved in the development of this draft plan as members of the steering group.

19. Waiuku has a rich Maori history and Ngati Te Ata Waiohua support the development of the trails. It is anticipated that a key part of the future trails development will involve the opportunity to relay Ngati Te Ata Waiohua and Māori history of Waiuku for all future users.

Implementation

20. Following the adoption of the Waiuku Trails Plan staff will work with the steering group and the local board to identify how best to implement the plan, including the prioritising of routes and options for funding.

21. The board anticipate that the implementation of the trails plan will be a community led initiative in collaboration with the board.

22. The steering group are presently investigating a suitable model which will enable the utilisation of any local board funding provided, potential partnerships, possible sponsorship and volunteer involvement in assisting implementation of the approved trails plan.

23. A further workshop will be held with the local board on the recommended Waiuku Trails Steering Group’s proposed implementation model.

Attachments

No.	Title
a ⇨	Waiuku Te Ara Hikoi: Waiuku Trails - an Aspirational Plan (Under Separate Cover)

Signatories

Authors

Greg Lowe - Parks and Places Specialist (Parks Services)

Authorisers

Mace Ward - General Manager Parks, Sports and Recreation

Nina Siers - Relationship Manager

Franklin Local Board

12 December 2017

Decision-making allocation update

File No.: CP2017/24997

Purpose

1. This report seeks local board input on the allocation of non-regulatory decision-making as part of the 10 Year Budget 2018-2028.

Executive summary

2. The Local Government (Auckland Council) Act 2009 requires the Governing Body to allocate decision-making responsibility for non-regulatory activities either to the Governing Body or to local boards. This must be undertaken in accordance with certain legislative principles and after considering the views and preferences of each local board. There is a presumption that local boards will be responsible for making decisions on non-regulatory activities except where decision-making on a region-wide basis will better promote the wellbeing of communities across Auckland because certain criteria are satisfied.

3. Each long-term plan and annual plan must identify the non-regulatory activities allocated to local boards.

4. A significant review of this decision-making allocation was undertaken during the 2015-2025 Long-term Plan (LTP) cycle. The allocation was also recently considered during the Governance Framework Review over the period 2016-2017. A comprehensive review is thus not being undertaken this LTP cycle.

5. One substantive change to the allocation is proposed in order to implement a policy decision from the Governance Framework Review: allocating certain local service property optimisation decisions to local boards. There are various other minor wording amendments in order to improve clarity and consistency.

6. Local board feedback is sought on this proposed allocation. It will be considered by the Governing Body during its adoption of the 10 Year Budget 2018-2028.

Recommendation/s

That the Franklin Local Board:

a) endorse the proposed allocation of non-regulatory decision-making as attached to this report, entitled “Decision-making allocation update”.

Comments

Background

7. The Local Government (Auckland Council) Act 2009 sets out the functions and powers of the Governing Body and local boards. Local board functions and powers come from three sources:

· those directly conferred by the Local Government (Auckland Council) Act 2009;

· non-regulatory activities allocated by the Governing Body to local boards;

· regulatory or non-regulatory functions and powers delegated by the Governing Body or Auckland Transport to the local boards.

8. The Auckland Transition Agency (ATA) was given the task of determining the initial allocation of the council’s non-regulatory activities using the Local Government (Auckland Council) Act 2009 (the Auckland Council Act). In undertaking this exercise, the question considered by ATA was not “why should the activity be allocated to local boards?” but “why not?” This was in line with the Auckland Council Act.

9. The non-regulatory decision-making allocation has been reviewed twice since the ATA first developed it, as part of the Long-term Plan 2012-2022 and the Long-term Plan 2015-2025.The current non-regulatory decision-making allocation was determined as part of the 2015-2025 Long-term Plan. It is written on an inclusive basis; it does not contain an exhaustive list of all elements that might make up an allocated activity.

10. A significant review of the allocation was undertaken during the 2015-2025 Long-term Plan. The review concluded that a number of clarifications and text changes were required but no substantive changes were needed to the allocated responsibilities. The review also concluded that the then allocation had worked well and there had been a growing understanding and increasing sophistication of how to use it.

11. The 2016 independent Governance Framework Review report also considered the decision-making allocation as part of the respective roles of the Governing Body and local boards, and what is working well and not working well in Auckland Council’s governance. As with the Long-term Plan 2015-2025 review the Governance Framework Review found that the current allocation is well understood, sensible, and generally works well. It did recommend that one minor technical change be made to the allocation to more accurately describe the current practical limitations of local board roles in park acquisitions. Further analysis and consultation demonstrated that this recommended change was not necessary.

12. In responding to the Governance Framework Review report and considering how local boards could be further empowered, the Governing Body decided on a policy change that requires the allocation table to be amended. This is described below.

13. Local boards were extensively consulted during the Governance Framework review.

14. Due to the recent timing of the Governance Framework Review and the consideration of the allocation of non-regulatory decision-making as part of it, no comprehensive review of the allocation table is being undertaken this Long-term Plan cycle.

15. The Governance Framework Review did identify other decision-making opportunities for local boards, e.g. around service levels. No change is required to the allocation table to provide for this; local boards already have the necessary responsibilities allocated to them. Rather the organisation needs to be in a position to provide local boards with quality advice when making those decisions.

Summary of proposed amendments

16. The current allocation with proposed amendments is attached as Attachment A.

17. The only substantive amendment to the allocation is to allocate decision-making for disposal of local service properties and reinvestment of sale proceeds to local boards where this falls within the service property optimisation policy. This policy was adopted in 2015 by the Governing Body and sets out the purpose and principles for optimisation of underperforming or underutilised service property. A key element is that sale proceeds from underperforming service property are locally reinvested to advance approved projects or activities on a cost neutral basis.

18. Under the current allocation the Governing Body makes the final decision on disposal and acquisition of all property assets, including local service properties that may be optimised. Through the Governance Framework Review process the Governing Body agreed that these local service property optimisation decisions should be made by local boards.^{^[1]} This amendment to the allocation implements this decision. This issue was canvassed with local boards during consultation on the Governance Framework Review and they were supportive of local boards holding this decision-making.

19. The current allocation has one specific allocation for the Governing Body on acquisition and disposals - ‘acquisition and divestment of all park land, including the disposal of surplus parks.’ This was introduced to the allocation table in 2012 to provide clarity of decision-making responsibility in this space. This allocation would conflict with the new allocation given to local boards (disposal and reinvestment of property assets in line with the Service Property Optimisation Policy). In order to retain clarity an amendment has been made to the parks allocation to make it clear that the Governing Body’s responsibility for acquisition and divestment of parks does not apply in the case of the Service Property Optimisation Policy applying.

20. Other minor changes to wording include:

· Amending ‘Auckland-wide’ to ‘regional’ in several instances to maintain consistency throughout the allocation table.

· Updating various names (such as Panuku Development Auckland and various parks and maunga) to bring them into line with Auckland Council style.

· Updating descriptions of governance arrangements for several reserves to more accurately describe the current arrangements.

· Renaming themes and activity groups to bring them in to line with the new LTP nomenclature.

· Updating the planning language to bring it in line with Auckland Plan refresh nomenclature.

21. Whilst not part of the allocation of decision-making, the preamble to the allocation table that describes what powers have been delegated to local boards has also been updated to note the recent decision to delegate certain Reserves Act powers to local boards. This delegation was an outcome of the Governance Framework Review.

Consideration

Local board views and implications

22. Local board views on the proposed allocation are being sought via this report.

23. There was extensive consultation with local boards about their decision-making roles and powers during the Governance Framework Review. This included:

· workshops with each local board during the independent review phase;

· workshops and one business meeting with each local board during the response phase.

24. The review found that the allocation table was generally working well and no substantive changes to the allocation were recommended. This was specifically discussed with local boards during workshops. Feedback from local boards was generally supportive of this position.

Māori impact statement

25. There are no particular impacts to Maori in relation to this report.

Implementation

26. As the changes proposed to the decision-making allocation are not significant it is not necessary to publicly consult on them. Local board feedback will be reported to the Governing Body in 2018. Changes to the allocation would come into effect on 1 July 2018.

Attachments

No.	Title	Page
a ⇩	Proposed Allocation of Decision-Making Responsibility for Non-Regulatory Activities	41

Signatories

Authors

James Liddell - Portfolio Manager

Authorisers

Carol McKenzie-Rex - Acting General Manager Local Board Services

Nina Siers - Relationship Manager

Franklin Local Board

12 December 2017

Proposed Allocation of Decision-Making Responsibility for Non-Regulatory Activities

Source of decision-making responsibilities

The Governing Body and local boards obtain their decision-making responsibilities from three sources:

(a) Statutory decision-making responsibilities

The Governing Body and local boards have statutory responsibilities under the Local Government (Auckland Council) Act 2009 (Act). These statutory responsibilities are not repeated in the allocation table.

Governing Body: The Governing Body is a local authority, and hence has the power of general competence under section 12 of the Local Government Act 2002. In addition, the Governing Body has specific statutory decision-making responsibility for the following:

· The regulatory activities of Auckland Council (such as Unitary Plan, consenting, and bylaws)

· Allocation of non-regulatory activities to either local boards or the Governing Body

· Any non-regulatory activities of Auckland Council that are allocated to the Governing Body

· Agreeing local board agreements with local boards

· Emergency management

· Compliance with the financial management requirements of section 101 of the Local Government Act (including the Annual Plan, the Long-term Plan, and financial policies)

· Regional strategies and policies (such as the Auckland Plan and the Local Board Funding Policy)

· Governance of Council-Controlled Organisations

· Appointment of the Chief Executive and maintaining the capacity of Auckland Council to provide its services and facilities

· Transport networks and infrastructure.

Local boards: The statutory role of local boards includes decision-making responsibility for the following:

· Any non-regulatory activities of Auckland Council that are allocated to local boards

· Adoption of local board plans

· Agreement of local board agreements (with the Governing Body) and monitoring the implementation of local board agreements - this can include proposing a local targeted rate

· Providing input into regional strategies, policies and plans

· Proposing bylaws for the local area

· Community engagement, consultation and advocacy.

Local boards are not local authorities but will act as such for specified allocated matters, or those matters set out in the Local Government (Auckland Council) Act 2009.

(b) Delegation of decision-making responsibilities

The Governing Body can also delegate some of its decision-making responsibilities to local boards. To date the Governing Body has delegated the following decision-making responsibilities to local boards:

· Input into notification decisions for resource consent applications

· Authorising the destruction of wandering stock on Great Barrier Island, in accordance with the Impounding Act 1955 is delegated to the Great Barrier Local Board

· Decision-making on operational cemeteries on Great Barrier Island is delegated to the Great Barrier Local Board.

· Amendments to the Policy on Dogs in relation to any dog access rules in local parks, local beaches or local foreshore areas in their local board area

· Making objections to liquor licensing applications under the Sale and Supply of Alcohol Act 2012

· Making, amending or revoking alcohol bans, except in areas of regional significance.

· Certain powers under the Reserve Act 1977 for local reserves: declaring a reserve (s.14(1)), classifying a reserve (s.16(1) or 16(2A), reclassifying a reserve (24(1)), and proposing the revocation of reserve status (s.24(1)) in order to manage the land under the Local Government Act 2002.

The Governing Body and local boards can also be delegated decision-making responsibilities from Auckland Transport. There are currently no delegations in place.

(c) Allocation of decision-making for non-regulatory activities

The Governing Body is required by legislation to allocate decision-making responsibility for the non-regulatory activities of Auckland Council to either the Governing Body or local boards, in accordance with principles contained in section 17(2) of the Act. This provides as follows:

a) decision-making responsibility for a non-regulatory activity of the Auckland Council should be exercised by its local boards unless paragraph (b) applies:

b) decision-making responsibility for a non-regulatory activity of the Auckland Council should be exercised by its Governing Body if the nature of the activity is such that decision-making on an Auckland-wide basis will better promote the well-being of the communities across Auckland because-

i. the impact of the decision will extend beyond a single local board area; or

ii. effective decision making will require alignment or integration with other decisions that are the responsibility of the Governing Body; or

iii. the benefits of a consistent or co-ordinated approach across Auckland will outweigh the benefits of reflecting the diverse needs and preferences of the communities within each local board area.

Decision-making for non-regulatory activities can only be allocated to either the Governing Body or to a local board. Where more than one local board has an interest in a local activity then section 16(3) of the Act provides that:

… a local board should collaborate and co-operate with 1 or more other local boards in situations where the interests and preferences of communities within each local board area will be better served by doing so.

The non-regulatory decision-making allocation is required to be identified in the Auckland Council’s Long-Term Plan and Annual Plans.

Allocation of decision-making for non-regulatory activities

The allocation of decision-making responsibility to the Governing Body and to local boards for the non-regulatory activities of Auckland Council is set out in the following tables. These will apply from 1 July 2018.

Group of activities	Local Board non-regulatory responsibilities *Local boards are allocated decision-making responsibility for the following non-regulatory activities of Auckland Council.*	Governing Body non-regulatory responsibilities *The Governing Body is allocated decision-making responsibility for the following non-regulatory activities of Auckland Council.*
Local council services and Regionally delivered council services	*Local governance including:* · decision-making and oversight of decisions on local activities · development of local policy positions such as determining areas in which activities may take place and local service specifications · submissions to government on legislation where it specifically relates to that local board area only · civic duties, engagements and functions in the local area, including citizenship ceremonies and recognition of volunteers.	Regional governance including: · decision-making and oversight of decision on regional activities · submissions to government on legislation including official submissions of Auckland Council incorporating local board views · regional civic duties, engagements and functions.
Explanatory notes: · A local board does not have the power to make submissions or objections on matters where the council is exercising its regulatory responsibilities unless specifically delegated by the Governing Body. · Local boards have a statutory role identifying and communicating the interests and preferences of its communities in relation to policies, plans and bylaws..
*Local planning and development including:* · local place-shaping activities, including local leadership to create a local identity · local strategic visioning, policy making and planning within parameters set by regional strategies, policies and plans	Regional planning including: · Auckland Plan, area plans, regional spatial priority areas and prioritised development areas focusing on growth development and key infrastructure priorities · regional strategies, policies and plans · Auckland-wide place-shaping activities, including regional leadership to create Auckland’s identity.
Street environment and town centres including: · maintenance of the local street environment and local centres, within parameters set by the Governing Body · improvements to the local street environment and town centres excluding any improvements that are integral to centres prioritised for growth as set out in the Auckland Plan · naming of roads pursuant to section 319(1)(j) of the Local Government Act 1974. Business area planning including: · local economic development plans, projects and initiatives (including local centre branding and marketing and local business events) within parameters set by regional strategies, policies and plans · Business Improvement District (BID) programmes, including the strategic direction (in partnership with the business association), establishment of new BIDs within the parameters set by the BID policy and recommending BID targeted rates to the Governing Body.	Street environment and town centres including: · street environment and town centres strategy and policy, including the classification of town centres · centres that are prioritised for growth as set out in the Auckland Plan Economic development including: · regional economic development strategy and policy, such as Auckland economic development strategy, investment framework and BID policy · international relationships, including entering into new relationships and ending existing relationships · Auckland-wide economic development programmes and initiatives, including regional business events, and branding and marketing for the city centre, metropolitan centres and centres prioritised for growth as set out in the Auckland Plan.
Explanatory notes: · Area plans will require a high degree of involvement from local boards. · Regional strategies and policies are not intended to be prescriptive or unduly restrict the decision-making role of local boards. Where they relate to local activities, they provide regional parameters within which local boards then make decisions on local activities. · Development of the city centre waterfront is the responsibility of Panuku Development Auckland. · Auckland Transport has significant decision-making responsibilities within the street environment and town centres · A number of agencies will be involved in the delivery of transformation programmes. · Major events, tourism and visitor centres, and business attraction and development are the responsibility of ATEED
*Local community services including:* Arts and culture including: · the specific location, design, build and fit out of new local arts and culture facilities within budget parameters agreed with the Governing Body · the use of local arts and culture facilities, including changes of use. · local arts and culture projects, initiatives and events · local public artwork and local public art programmes · local community funding and grants · tailoring regional arts and culture programmes and events to local needs.	*Regional community services including:* Arts and culture including: · any new arts and culture facilities acquired for an Auckland-wide purpose or function · the number and general location of all new arts and cultural facilities and the prioritisation of major upgrades to all existing arts and culture facilities · the use of regional arts and culture facilities. · regional arts and culture strategy and policy · regional arts and culture programmes and events · regional public artwork and regional public art programmes · development, maintenance and access to the regional visual arts collection, including exhibitions and interpretive programmes · region-wide community funding and grants · regional arts and culture programmes, which can be tailored to local needs.
Events including: · attraction, development, delivery and promotion · sub-regional events which are the responsibility of the local board in which the event is located, in collaboration with other affected local boards · local events sponsorship, funding and grants · tailoring regional events programmes to local needs.	Events including: · regional events strategy and policy, including region-wide events plan · coordinating regional events, including attraction, development, delivery and promotion · regional events sponsorship, funding and grants · regional events programmes, which can be tailored to local needs.
Community development and facilities including: · plans, projects and initiatives specific to the local area · tailoring region-wide community development and safety programmes to local needs · facilitating community-led placemaking and development initiatives · community advisory services · local community funding and grants. · the specific location, design, build and fit out of new local community facilities within budget parameters agreed with the Governing Body · the use of local community facilities, including leasing and changes of use.	Community development and facilities including: · regional community development strategy and policy · regional community development and safety programmes which can be tailored to local needs · regional community funding and grants. · the number and general location of all new community facilities and the prioritisation of major upgrades to all existing community facilities · the location design and use of any new community facilities developed for an Auckland-wide purpose · social housing, such as housing for the elderly.
Libraries including: · the specific location, design, build and fit out of new local libraries within budget parameters agreed with the Governing Body · the design and type of community facilities within local libraries · the use of local libraries including local exhibitions, programmes and events within local libraries.	Libraries including: · libraries strategy and policy · the number and general location of all new libraries and the prioritisation of major upgrades to existing libraries · the libraries’ collection policy and practice (including development and maintenance of all library collections) · regional exhibitions, programmes and events within libraries · the mobile library service · the central library, other than the ground and first floors.
Recreation facilities and initiatives including: · the specific location, design, build and fit out of new local recreation and sports facilities within budget parameters agreed with the Governing Body · the use of local recreation facilities and initiatives including leasing and changes of use · local recreation and sports programmes · local community funding and grants · tailoring regional recreation and sports programmes to local needs.	Recreation facilities and initiatives including: · any new recreational facilities developed for an Auckland-wide purpose or function · the number and general location of all new recreation and sports facilities (including sports stadiums) and the prioritisation of major upgrades to all existing recreation and sports facilities · the use of regional recreation and sports facilities (including sports stadiums) · coordination of the use of recreation and sports facilities on a regional basis · regional recreation and sports strategy and policy · regional recreation and sports programmes, which can then be tailored to local needs · regional community funding and grants
*Parks including:* · the specific location of new local parks (including the prioritisation for acquisition) within budget parameters agreed with the Governing Body · reserve management plans for local parks · local parks improvements and place shaping · the use of and activities within local parks, such as community events and community planting programmes · cemeteries that are no longer in regular active use and are functioning as local parks · naming of local parks.	*Parks including:* · any new parks acquired for an Auckland-wide purpose or function · regional open space strategy and policy, including open space network plan and volcanic cones strategy · reserve management plans for regional parks · the number and general location of all new parks and the prioritisation of major upgrades to existing parks (including sports fields within parks) · the use of and activities within regional parks · acquisition and divestment of all park land, including the disposal of surplus parks, excluding any disposal and reinvestment made in accordance with the Service Property Optimisation Policy · coordination of the use of all sports fields on a regional basis · Open cemeteries.
Explanatory notes: · Definitions of local and regional events are set out in schedule 2 in accordance with the Auckland Council Events Policy. · Regional events facilities and amenities are the responsibility of Regional Facilities Auckland (RFA). These include the Viaduct Events Centre, stadium management, The EDGE, Auckland Zoo and the Auckland Art Gallery. Regional sports facilities (including sports stadiums) are generally the responsibility of Regional Facilities Auckland (RFA).
*Local environmental management including:* · local environmental initiatives and projects · facilitating community-led placemaking and development initiatives · local stormwater quality projects · within regional frameworks · local waste management plans and projects within regional parameters set out in the Waste Minimisation and Management Plan	Waste services and *Environmental services including:* · regional environmental, heritage and urban design strategy, policy and guidelines · regional environmental programmes and projects · waste management, including the Waste Minimisation and Management Plan · landfill management · environmental research and monitoring.
Stormwater	Stormwater management limited to: · the Te Arai Drainage District, the Okahuhura Drainage Area and the Glorit Drainage District. This allocation of decision-making responsibility is to the Rodney Local Board.	Stormwater management including: · the stormwater network, including catchment management plans.

Group of activities

Local Board non-regulatory responsibilities

Local boards are allocated decision-making responsibility for the following non-regulatory activities of Auckland Council.

Governing Body non-regulatory responsibilities

The Governing Body is allocated decision-making responsibility for the following non-regulatory activities of Auckland Council.

Local council services

and

Regionally delivered council services

Local governance including:

· decision-making and oversight of decisions on local activities

· development of local policy positions such as determining areas in which activities may take place and local service specifications

· submissions to government on legislation where it specifically relates to that local board area only

· civic duties, engagements and functions in the local area, including citizenship ceremonies and recognition of volunteers.

Regional governance including:

· decision-making and oversight of decision on regional activities

· submissions to government on legislation including official submissions of Auckland Council incorporating local board views

· regional civic duties, engagements and functions.

Explanatory notes:

· A local board does not have the power to make submissions or objections on matters where the council is exercising its regulatory responsibilities unless specifically delegated by the Governing Body.

· Local boards have a statutory role identifying and communicating the interests and preferences of its communities in relation to policies, plans and bylaws..

Local planning and development including:

· local place-shaping activities, including local leadership to create a local identity

· local strategic visioning, policy making and planning within parameters set by regional strategies, policies and plans

Regional planning including:

· Auckland Plan, area plans, regional spatial priority areas and prioritised development areas focusing on growth development and key infrastructure priorities

· regional strategies, policies and plans

· Auckland-wide place-shaping activities, including regional leadership to create Auckland’s identity.

Street environment and town centres including:

· maintenance of the local street environment and local centres, within parameters set by the Governing Body

· improvements to the local street environment and town centres excluding any improvements that are integral to centres prioritised for growth as set out in the Auckland Plan

· naming of roads pursuant to section 319(1)(j) of the Local Government Act 1974.

Business area planning including:

· local economic development plans, projects and initiatives (including local centre branding and marketing and local business events) within parameters set by regional strategies, policies and plans

· Business Improvement District (BID) programmes, including the strategic direction (in partnership with the business association), establishment of new BIDs within the parameters set by the BID policy and recommending BID targeted rates to the Governing Body.

Street environment and town centres including:

· street environment and town centres strategy and policy, including the classification of town centres

· centres that are prioritised for growth as set out in the Auckland Plan

Economic development including:

· regional economic development strategy and policy, such as Auckland economic development strategy, investment framework and BID policy

· international relationships, including entering into new relationships and ending existing relationships

· Auckland-wide economic development programmes and initiatives, including regional business events, and branding and marketing for the city centre, metropolitan centres and centres prioritised for growth as set out in the Auckland Plan.

Explanatory notes:

· Area plans will require a high degree of involvement from local boards.

· Regional strategies and policies are not intended to be prescriptive or unduly restrict the decision-making role of local boards. Where they relate to local activities, they provide regional parameters within which local boards then make decisions on local activities.

· Development of the city centre waterfront is the responsibility of Panuku Development Auckland.

· Auckland Transport has significant decision-making responsibilities within the street environment and town centres

· A number of agencies will be involved in the delivery of transformation programmes.

· Major events, tourism and visitor centres, and business attraction and development are the responsibility of ATEED

Local community services including:

Arts and culture including:

· the specific location, design, build and fit out of new local arts and culture facilities within budget parameters agreed with the Governing Body

· the use of local arts and culture facilities, including changes of use.

· local arts and culture projects, initiatives and events

· local public artwork and local public art programmes

· local community funding and grants

· tailoring regional arts and culture programmes and events to local needs.

Regional community services including:

Arts and culture including:

· any new arts and culture facilities acquired for an Auckland-wide purpose or function

· the number and general location of all new arts and cultural facilities and the prioritisation of major upgrades to all existing arts and culture facilities

· the use of regional arts and culture facilities.

· regional arts and culture strategy and policy

· regional arts and culture programmes and events

· regional public artwork and regional public art programmes

· development, maintenance and access to the regional visual arts collection, including exhibitions and interpretive programmes

· region-wide community funding and grants

· regional arts and culture programmes, which can be tailored to local needs.

Events including:

· attraction, development, delivery and promotion

· sub-regional events which are the responsibility of the local board in which the event is located, in collaboration with other affected local boards

· local events sponsorship, funding and grants

· tailoring regional events programmes to local needs.

Events including:

· regional events strategy and policy, including region-wide events plan

· coordinating regional events, including attraction, development, delivery and promotion

· regional events sponsorship, funding and grants

· regional events programmes, which can be tailored to local needs.

Community development and facilities including:

· plans, projects and initiatives specific to the local area

· tailoring region-wide community development and safety programmes to local needs

· facilitating community-led placemaking and development initiatives

· community advisory services

· local community funding and grants.

· the specific location, design, build and fit out of new local community facilities within budget parameters agreed with the Governing Body

· the use of local community facilities, including leasing and changes of use.

Community development and facilities including:

· regional community development strategy and policy

· regional community development and safety programmes which can be tailored to local needs

· regional community funding and grants.

· the number and general location of all new community facilities and the prioritisation of major upgrades to all existing community facilities

· the location design and use of any new community facilities developed for an Auckland-wide purpose

· social housing, such as housing for the elderly.

Libraries including:

· the specific location, design, build and fit out of new local libraries within budget parameters agreed with the Governing Body

· the design and type of community facilities within local libraries

· the use of local libraries including local exhibitions, programmes and events within local libraries.

Libraries including:

· libraries strategy and policy

· the number and general location of all new libraries and the prioritisation of major upgrades to existing libraries

· the libraries’ collection policy and practice (including development and maintenance of all library collections)

· regional exhibitions, programmes and events within libraries

· the mobile library service

· the central library, other than the ground and first floors.

Recreation facilities and initiatives including:

· the specific location, design, build and fit out of new local recreation and sports facilities within budget parameters agreed with the Governing Body

· the use of local recreation facilities and initiatives including leasing and changes of use

· local recreation and sports programmes

· local community funding and grants

· tailoring regional recreation and sports programmes to local needs.

Recreation facilities and initiatives including:

· any new recreational facilities developed for an Auckland-wide purpose or function

· the number and general location of all new recreation and sports facilities (including sports stadiums) and the prioritisation of major upgrades to all existing recreation and sports facilities

· the use of regional recreation and sports facilities (including sports stadiums)

· coordination of the use of recreation and sports facilities on a regional basis

· regional recreation and sports strategy and policy

· regional recreation and sports programmes, which can then be tailored to local needs

· regional community funding and grants

Parks including:

· the specific location of new local parks (including the prioritisation for acquisition) within budget parameters agreed with the Governing Body

· reserve management plans for local parks

· local parks improvements and place shaping

· the use of and activities within local parks, such as community events and community planting programmes

· cemeteries that are no longer in regular active use and are functioning as local parks

· naming of local parks.

Parks including:

· any new parks acquired for an Auckland-wide purpose or function

· regional open space strategy and policy, including open space network plan and volcanic cones strategy

· reserve management plans for regional parks

· the number and general location of all new parks and the prioritisation of major upgrades to existing parks (including sports fields within parks)

· the use of and activities within regional parks

· acquisition and divestment of all park land, including the disposal of surplus parks, excluding any disposal and reinvestment made in accordance with the Service Property Optimisation Policy

· coordination of the use of all sports fields on a regional basis

· Open cemeteries.

Explanatory notes:

· Definitions of local and regional events are set out in schedule 2 in accordance with the Auckland Council Events Policy.

· Regional events facilities and amenities are the responsibility of Regional Facilities Auckland (RFA). These include the Viaduct Events Centre, stadium management, The EDGE, Auckland Zoo and the Auckland Art Gallery. Regional sports facilities (including sports stadiums) are generally the responsibility of Regional Facilities Auckland (RFA).

Local environmental management including:

· local environmental initiatives and projects

· facilitating community-led placemaking and development initiatives

· local stormwater quality projects

· within regional frameworks

· local waste management plans and projects within regional parameters set out in the Waste Minimisation and Management Plan

Waste services and Environmental services including:

· regional environmental, heritage and urban design strategy, policy and guidelines

· regional environmental programmes and projects

· waste management, including the Waste Minimisation and Management Plan

· landfill management

· environmental research and monitoring.

Stormwater

Stormwater management limited to:

· the Te Arai Drainage District, the Okahuhura Drainage Area and the Glorit Drainage District. This allocation of decision-making responsibility is to the Rodney Local Board.

Stormwater management including:

· the stormwater network, including catchment management plans.

Relevant to each group of activities/ area	Local board non-regulatory responsibilities		Governing Body non-regulatory responsibilities
*Fees and charges*	Setting of fees and charges for local activities *excluding:* · library collections fees and charges; and · any fees and charges for local activities that are set on a region-wide basis by the Governing Body in a regional policy.		Setting of fees and charges for regional activities and: · regional fees and charges for local activities that are set by the Governing Body in a regional policy · library collections fees and charges.
*Service specifications*	Setting of service specifications for local activities *subject to* any minimum service specifications that the Governing Body has decided, for policy reasons, to set on an Auckland-wide basis.		Setting of service specifications for regional activities and minimum service specifications for local activities where the Governing Body decides to do so for policy reasons.
*Procurement*	Procurement for local activities *excluding:* · procurement of major service delivery contracts (such as maintenance, security and cleaning contracts) for Auckland-wide local assets and facilities on a coordinated basis.		Procurement for regional activities and · procurement of major service delivery contracts (such as maintenance, security and cleaning contracts) for Auckland-wide local assets and facilities on a coordinated basis · the procurement policy for Auckland Council.
*Procurement*	*Explanatory notes:* · There are significant efficiencies to be gained by the Governing Body procuring some contracts on a larger scale or a coordinated basis. This is likely to cover areas like parks and facilities maintenance, security and cleaning, which involve local and regional assets and facilities across Auckland. (The guidelines for procuring these types of contracts will be contained in the procurement manual. Procurement for most local activities will though, remain a local board decision-making responsibility). · Local boards will set the service specifications as they relate to their local area as set out in the allocation above.
*Asset renewal*	Maintaining service capacity and integrity of local assets throughout their useful life in accordance with Auckland-wide parameters and standards set by the Governing Body.		Maintaining the service capacity and integrity of regional assets throughout their useful life and setting Auckland-wide parameters and standards for all asset management planning.
*Asset renewal*	*Explanatory notes:* · The local board’s asset renewal decision-making responsibility is within the framework and standards set by the Governing Body to ensure regional consistency
*Asset acquisition and disposal*	Disposal of local service property and reinvestment of sale proceeds in accordance with the Service Property Optimisation policy (as adopted by the Governing Body).	All other acquisition and disposal decisions.
*Other activities of Auckland Council*			All other non-regulatory activities of Auckland Council

Schedule 1- Governance of parks

1. The Governing Body has governance responsibility for the following regional parks and contiguous land.

Regional Parks
Auckland Council has classified the following as regional parks:
Ambury Atiu Creek Auckland Botanic Gardens Awhitu Duder Glenfern Sanctuary Hunua Ranges Long Bay Mahurangi Muriwai (excluding Muriwai Village Green) Mutukaroa / Hamlins Hill Omāna Pakiri Te Motu a Hiaroa / Puketutu Scandrett		Shakespear Tapapakanga Tawharanui Tawhitokino Te Ārai Te Muri Te Rau Pūriri Waharau Waitākere Ranges Waitawa Wenderholm Whakanewha Whakatiwai
Land contiguous with Regional Parks
Relevant Regional Park	Land to be amalgamated into adjacent Regional Park
Long Bay	Piripiri Park		Section 1 SO 70452
Mahurangi	Scott Point Reserve, Te Kapa Peninsula (subject to continued 24 hour public access)		Lot 15 DP 44711
			Sec 216 Mahurangi Village SO 43441
			Lot 14 DP 11711
Muriwai	Oaia Reserve, Muriwai		Lot 11 DP 58521
Te Arai	Te Ārai Reserve (subject to continued 24 hour public access)		Lot 1 DP 66227
Te Arai			Lot 1 DP 59556
Waitākere Ranges	Mārama Plantation Reserve, Little Huia		Lot 12 DP 27798
	Douglas Scenic Reserve		Lot 31 DP 77453
	Rāroa Park		Lot 100 DP 21358
	Parkland surrounding Waitākere Quarry Scenic Reserve		Lot 2 DP 193044
	Karekare Reserve		Lot 31 DP 40109
	Lone Kauri Road – 3 reserves		Lot 99 DP 42402
			Lot 106 DP 42402
			Lot 107 DP 42402
	South Piha Plantation Reserve		Lot 77 DP 31268
	Lake Wainamu Scenic Reserve		Section 3 Block 1/Waitakere SD/
	Tasman View Esplanade		Lot 90 DP 42223
	Lake Wainamu Walkway		Pt Waitakere 1A (Easement over lake edge only)
	Waitoru Reserve, Bethells Rd		Pt Allotment 5 PSH OF Waitakere

2. The Maunga Authority has governance decision-making responsibility for the following maunga.

Parks under the administration of the Maunga Authority

Matukutūruru / Wiri Historic Reserve

Maungakiekie / One Tree Hill

Maungarei / Mt Wellington

Maungauika (North Head) (subject to agreement regarding the council’s role)

Maungawhau / Mt Eden

Ōhinerau / Mt Hobson

Ōhuiarangi / Pigeon Mountain

Ōtāhuhu / Mt Richmond

Ōwairaka / Te Ahi-kā-a-Rakataura / Mount Albert

Puketāpapa / Pukewīwī / Mount Roskill

Takarunga / Mount Victoria

Te Kōpuke / Tītīkōpuke / Mount St John

Te Pane-o-Mataaho / Te Ara Pueru / Māngere Mountain

Te Tātua a Riukiuta / Big King

Note: ownership of Maungakiekie / One Tree Hill Northern land remains with the Crown and it is administered by the Tupuna Maunga Authority under the Nga Mana Whenua o Tamaki Makaurau Collective Redress Act 2014 and the Reserves Act 1977.

3. Post settlement governance entities have governance responsibility for the following reserves.

Park name	Governance entity	Relevant legislation
Kaipātiki (formerly Parakai Recreation Reserve)	Te Poari o Kaipātiki ki Kaipara (formerly Parakai Recreation Reserves Board)	Ngāti Whātua o Kaipara Claims Settlement Act 2013
Whenua Rangatira and Pourewa Creek Recreation Reserve	Ngāti Whātua o Orākei Reserves Board	Ngāti Whātua Ōrākei Claims Settlement Act 2012

4. The Governing Body has responsibility for the majority of land contiguous to Tupuna Maunga governed by the Maunga Authority. The Ngā Mana Whenua o Tāmaki Makaurau Redress Act 2014 provides for the transfer of administration by the Council of these lands to the Maunga Authority at the discretion of the Governing Body.

Land contiguous with parks subject to Treaty of Waitangi settlement
Park subject to Treaty of Waitangi Settlement	Contiguous council owned land allocated to the Governing Body
Maungawhau / Mt Eden	Lot 1 DP 131932
Maungarei / Mt Wellington	Lot 200 DP 436081
Ōhinerau / Mt Hobson	Pt Allotment 2 SECT 11 SBRS OF Auckland
Ōhuiarangi / Pigeon Mountain	Lot 182 DP 98841
	Lot 183 DP 98841
	Section 1 SO 434440
	Section 2 SO 434440
	Section 3 SO 434440
	Allotment 19 SECT 5 SM FMS NEAR Howick
Land contiguous with parks subject to Treaty of Waitangi settlement
Ōtāhuhu / Mt Richmond	Lot 1 DP 47429
	Lot 2 DP 47429
	Lot 3 DP 47429
	Lot 4 DP 47429
	Lot 5 DP 47429
	Lot 6 DP 47429
	Lot 7 DP 47429
	Lot 8 DP 47429
	Pt Lot 10 DP 47429
Ōwairaka / Te Ahi-kā-a-Rakataura / Mount Albert	Lot 29A DP 17682
	Lot 19 DP 58177
	Lot 59 DP 16603
Te Kōpuke / Tītīkōpuke / Mount St John	Lot 1 DP 334602
	Lot 2 DP 413830
	Lot 13 DP 20564
	Lot 2 DP 35331
Te Tātua a Riukiuta / Big King	Lot 4 DP 44196
	Lot 3 DP 44196
	Lot 5 DP 108794
	Lot 4 DP 21107
	Lot 5 DP 108794
	Lot 1 DP 108794
	Pt Allotment 80 SECT 10 SBRS of Auckland

5. Auckland Domain

Decision making allocation for Auckland Domain is geographically split, with the Waitemata Local Board being allocated responsibility for the playing fields areas and two community recreational leases (Auckland Bowling Club and Parnell Tennis Club), and the balance of land within Auckland Domain being allocated to the Governing Body. The Waitematā Local Board and the Governing Body have delegated decision making to the Auckland Domain Committee, a joint governance committee of the Waitematā Local Board and Governing Body.

6. Motukorea / Browns Island

The Governing Body has governance responsibility for Motukorea / Browns Island.

Schedule 2 - Auckland Council Events Policy categories

The Events Policy identifies three categories of events, local, regional and major.

Local events - An event is considered to be a local activity governed by local boards unless it meets the criteria for a regional or major event as defined in this policy.

Regional and major events - An event must demonstrate the strategic outcomes, appeal, profile and economies of scale to be categorised a regional or major event as defined in the table below. It will have most, if not necessarily all, of the distinguishing characteristics below.

Event Category

Strategic Outcomes

Appeal – breadth and depth of the event

Profile

Regional Coordination

Regional

· delivers regional objectives set by the Governing Body

· helps deliver on Auckland-wide strategies such as for sport and recreation, arts and culture

· offers a distinctive event proposition for the region

· demonstrates it draws from a regionally-distributed audience e.g. appeals to a specific demographic or interest group that is geographically dispersed across the region

· demonstrates a size and scale that is regionally significant

· has region-wide and maybe national profile, demonstrated through media and wide public awareness

· demonstrates clear benefits of decisions being coordinated at a region-wide level only if the nature of the event is such that decision-making on an Auckland-wide basis will better promote community well-being across Auckland e.g. delivered in multiple locations across the region, ensuring regional distribution , ability to attract sponsorship, region-wide marketing and promotion

Major

· delivers economic development outcomes

· delivers significant economic return on investment provides measureable economic benefits such as significant increase in visitor nights

· appeals to regional, national and international audiences and participants

· a large mass appeal social event that is distinctive to Auckland

· has regional, national and international profile

Franklin Local Board

12 December 2017

Local board feedback on rates remission and postponement policy review

File No.: CP2017/24361

Purpose

1. Seek preliminary feedback from local boards on the review of the rates remission and postponement policy and in particular the legacy schemes. Feedback will be considered by Finance and Performance Committee when agreeing a rates remission and postponement policy, and any options, for consultation.

Executive summary

2. The council is required to review its rates remission and postponement policy every six years.

3. Rates remissions are a reduction in rates, usually by a set percentage. Rates postponement defers the payment of rates to a future point in time, usually the sale of the property.

4. The current policy includes six regional schemes and eleven legacy schemes inherited from the former councils that are only available within the former districts. Only minor changes are proposed to the regional schemes.

5. Officers recommend Option 1 that the legacy schemes (excluding the postponement for Manukau sports clubs) be replaced with grants because:

· funding decisions are more transparent

· spending for each activity is within an annual budget

· level of support for each organisation is more visible.

6. A three year transition is proposed for current recipients during which they will receive their current funding via a grant. At the end of transition they would need to apply for renewal.

7. Current legacy remissions and postponements funding would move to grant budgets:

a) regional grants programmes: remissions for natural heritage and community/sporting remissions for regional/sub-regional facilities

b) local board grants programmes: all other legacy remissions in the relevant area and the Great Barrier Island postponements.

8. Each board will be funded to provide the same level of grants as is presently provided in b) above. After three years boards can choose to continue the grants if they wish. While some boards will get more funding than others, this will be smoothed over time by the local board funding policy.

Alternative options

9. The other three options were considered and rejected because:

· Option 2: keeping the current remissions schemes is inequitable

· Option 3: extending the remissions in their current form is costly and does not provide the same level of transparency and oversight as is achieved with grants

· Option 4: removing the schemes with no replacement could present some ratepayers/community groups with affordability issues.

10. Local board’s feedback on the review will be included in the report to the Finance and Performance Committee in February 2018. Public consultation on the proposed Rates remission and postponement policy and any options will occur in April 2018. Local boards will be able to consider public feedback, and provide their formal views on the proposed policy at their May 2018 meetings. Local board and public feedback will be reported to the 31 May 2018 meeting of the Finance and Performance Committee when the adoption of the policy will be considered.

Recommendation/s

That the Franklin Local Board:

a) resolve feedback on the options to address the legacy council remission and postponement schemes.

Comments

Background

11. The current Rates remission and postponement policy includes:

· 6 regional schemes available to all ratepayers with the objectives to:

o provide ratepayers with some financial or other assistance where they might otherwise have difficulty meeting their obligations

o address circumstances where the rating system results in anomalies in the incidence of rates.

· 11 legacy schemes supporting community objectives set by the former councils and only available in some areas:

o five remission schemes for natural and in some cases historic heritage

o six remission schemes for community and sporting organisations

o a rates postponement scheme for sports clubs in Manukau

o a rates postponement scheme for businesses on Great Barrier Island.

12. A summary of the regional and legacy schemes and the amount of remission or postponement granted in 2016/2017 is in Attachment A. The full rates remission and postponement policy is in Attachment B.

Assessment of Regional Schemes

13. Officers have reviewed the regional schemes and identified that the schemes are operating in accordance with expectations. The only amendment proposed to the regional schemes is to simplify the remission scheme for rates penalties. This amendment will be designed to maintain ratepayers’ existing level of access to penalty remissions.

Assessment of Legacy Schemes

14. Four options were considered for the legacy schemes:

a) integrate with grants schemes with three year transition for current recipients

b) retain the status quo

c) extend to entire region

d) remove.

15. A summary of the options can be found in Table 1 at the end of this report.

16. The following criteria were used to assess options for the legacy remissions and postponements policies.

· equity – same treatment for all ratepayers in all areas across Auckland

· transparency

· cost

· minimise the effects of change

· administrative simplicity.

Option 1: Integrate remissions and postponements with grants schemes with three year transition (excluding the Manukau postponement scheme for sports clubs)

17. This option would remove the present remission and postponement schemes. Up to the current amount equivalent of the 2018/2019 remission would be transferred to grants expenditure in the relevant areas over the next three years. The amount of grants will be adjusted for the increase in rates in the subsequent two years.

18. This option will increase the council’s grants and other budget lines by $900,000. This increase is offset by the increase in rates revenue of $900,000 resulting from remissions no longer being applied. There is no net cost to ratepayers of converting rates remissions to grants.

Allocating grants

19. Integration of remissions into wider regional, or local, grants schemes is preferable because:

· allocation of rates expenditure will be transparent

· spending via grants is public and assessed against other comparable demands on public money in terms of efficacy. Value for money is regularly assessed.

· administrative systems for grants are already in place although there will be a change in volume

· proposed transition will result in no change for recipients over the three years

· regional equity will be achieved over time as the legacy grants are integrated into the wider grants programme

· enables equity between community organisations that own land and those that do not.

20. Legacy schemes have been assessed against local and regional responsibilities. From this it is proposed that grants budgets be allocated as follows:

Remission/Postponement for	Aligns with	Grant allocates to
Natural heritage	Regional	Regional Environment and Natural Heritage Grants Programme
Historic Heritage	Regional	Regional Historic Heritage Grants Programme
Regional or sub-regional sports facilities	Regional	Regional Sports and Recreation Grants Programme
Local sports clubs and facilities	Local	Local Board where property receiving remission is located
Regional or sub-regional community facilities	Regional	Regional Community Development Grants programmes
Local community organisations and facilities	Local	Local Board where property receiving remission is located
Great Barrier businesses	Local	Great Barrier Local Board

21. Remissions for community and sporting organisations have been split between Regional and Local based on the area served by the property receiving the remission. For example, Eden Park, St John’s ambulance stations, IHC care homes and the SPCA have been classed as regional. Remissions for the Scouts Association and Plunket NZ have been classed as local because they relate to local scout halls and Plunket centres.

22. The value of remissions by local board area can be found in Attachment C. A list of all community and sporting remissions by local board showing the ratepayer and amount of remission, can be found in Attachment D.

Three Year Transition

23. The relevant decision maker, e.g. the Governing Body Committee for regional grants, and local boards for local grants, would be required to provide a grant to the level of the existing remission for a period of three years. The present recipient would therefore be protected from any change to their current funding for that period. At the end of the three years the decision maker can then decide whether to continue the grants on the existing basis or release the funds to the wider grants pool.

Option 2: Retain the status quo

24. This option would retain the remissions and postponement schemes in their current form in the former council areas. Properties in other parts of the region would not be able to apply for them

25. This option is administratively simple for the council and recipients. It minimises change. Costs will depend on applications but have been relatively stable over time. The options is not equitable because the schemes are only available to ratepayers in some areas.

26. Rates remissions and postponements are not a transparent mechanism for supporting wider council goals because they:

· are recorded as a charge against revenue

· do not appear as a cost in the councils accounts

· do not increase the rates requirement and hence do not impact the headline rates increase^{^[2]} (They still increase the rates burden on other ratepayers)

· are not prioritised against other expenditure proposals or subject to the same value for money scrutiny.

Option 3: Extend to entire region

27. This option would extend the current policies to apply to the entire Auckland Council area. Extending the policies in their current form is equitable, and simplifies administration. However this option:

· increases costs to ratepayers without being compared to other council proposals that may offer greater benefits

· lacks evidence as to how much benefit will be returned by this investment

· is not transparent as described in Option 2 above.

28. The cost of extending existing legacy remission schemes regionally will depend on the criteria for eligibility. Costs for extending the current remission schemes have been estimated at $4.5 - $6 million as follows:

· Extending remission for natural heritage to properties with a covenant managed by the Queen Elizabeth the Second Trust: $40,000. There are just over 100 properties in Auckland with a QEII covenant. If the criteria is extended to include other types of covenant, such as a covenant with a council, then the number of eligible properties will increase significantly. For example there are 4,500 properties with a bush-lot covenant from Rodney Council.

· Extending remissions for historic heritage: $3 million. This is derived from the rates for properties that are scheduled Category A in the Auckland Unitary Plan, where the status is associated with a building. This ignores archaeological sites such as middens and pa, but will capture the whole value of properties where the heritage status only applies to part of the property.

· Extending remissions for community and sporting organisations: $1.5 million for 50 per cent remission to $3 million for 100 per cent remission. This is estimated by applying a full remission to properties currently receiving a five per cent remission for the Auckland Regional Council scheme for community and sporting organisations. This is likely to under estimate the value of remissions, as offering a more generous remission is likely to significantly increase the number of applicants.

Option 4: Remove the schemes

29. Removing the schemes would lead to immediate financial impacts for a number of organisations presently receiving support from council. While the sums remitted are in many cases small, it is not clear that all the current recipients would be able to adequately accommodate change in a short time period.

Postponement for sports clubs in the district of the previous Manukau City Council

30. It is not recommended that the rates postponements for Manukau Sports clubs be converted to remission. This is because the postponement is currently set to be cost neutral. This is achieved by interest being charged, and by the postponement being secured against the title of the property. The council can require the full amount of postponed rates and interest be paid before any sale of the property can proceed. It would not be effective or efficient to try and replicate the postponement through a grants process.

31. The clubs are accruing a major liability against their land under this scheme. The total current liability including interest is $880,000. If the policy is not changed then rates will continue to accrue as the rates are never remitted. While the postponements are cost-neutral when they end, in the meantime they represent a significant debt liability at a time when the council is debt constrained. For this reason officers prefer that the schemes be removed after a suitable transition period. (The outstanding liability at the time the scheme is removed would remain a liability on the land until its sale or transfer of ownership.)

32. The two clubs receiving the postponement are zoned for residential development. Both clubs have significant (around 240%) increases in capital valuation following changes in zoning under the unitary plan. One club has repaid a portion of its liability following the sale of part of the property, and has chosen to pay rather than postpone the current year’s rates.

33. Officers propose to do further work to understand the individual circumstances of these two golf courses before developing formal recommendation and options for addressing this postponement scheme. Next steps and a timeline for actions will be included in the report to the February Finance and Performance Committee.

Next Steps

34. Preliminary feedback from local boards will be attached to the report to the February Finance and Performance Committee. The committee will agree a Rates remission and postponement policy, and any options, for consultation.

35. Public consultation will occur in April. All current recipients of the legacy rates remission and postponement schemes will be notified of any proposed changes to enable them to submit feedback.

36. Local boards will be able to consider the results of the public consultation, and provide formal feedback on the proposed policy, at their May meetings.

37. The Finance and Performance Committee will consider feedback from the public and local boards and adopt a final Rates remission and postponement policy by 31 May 2018. This enables the council’s budgets to be updated for the adoption of the Long-term Plan 2018-2028.

Table 1: Review of the rates remission and postponement policy: Options for legacy remission and postponement schemes

Option	Description	Pros	Cons	Implementation
Option 1: Integrate with grants schemes	· Legacy remission and postponements schemes (excluding MCC postponement for sports clubs) transfer to regional or local grants schemes. · Three year transition – same level of support given as provided in remission or postponement	· Increased transparency and accountability – grants assessed for value for money · Can cap costs · No change for three years for current recipients – time to adjust · Greater flexibility in application – not restricted to organisations that own land, level of support can reflect outcomes not property rates · Reduced rates administration	· Increased grants administration	· Administrative systems already in place for grants · Increase in grants volume
Option 2: Retain the status quo	· Legacy remission and postponements schemes continue unchanged	· Minimises change	· Inequitable – only available in some areas, and only available to groups that own land · Lacks transparency – spending not reviewed against other council priorities · No cap on costs	· No change to current processes
Option 3: Extend to entire region	· Schemes expanded to regional schemes. Costs will depend on the criteria applied	· Increases equity across the region	· Cost – estimated at $4.5m to $6m · No cap on costs · Lacks transparency – spending not reviewed against other council priorities · Lack of evidence this would improve outcomes · Only available to groups that own property	· Increases volume of remissions to process
Option 4: Remove the schemes	· Legacy schemes removed without transition	· $700,000 reduction in cost of rates for 2018/2019	· No time for recipients to adjust	· Reduces rates administration

Consideration

Local board views and implications

38. Implications for local boards are set out in the report. Under the proposal boards will be provided with additional funding to maintain the existing level of support for local community and sports groups in their board area that currently receive remissions. However, local boards will have more grant applications to appraise in the future and potentially more decisions to make at the end of the three year transition.

39. This report seeks feedback from Local Boards to inform the consideration of this issue by the Finance and Performance Committee in February.

Māori impact statement

40. None of the properties presently receiving remissions or postponements under the legacy schemes are known to be Māori owned or operated.

41. The only reference to Māori in the legacy remission and postponement schemes is the provision for remissions for Māori reservations in the Rodney District. No properties applied under this criterion. Such properties would be eligible for remission under the Council’s Māori freehold land rates remission and postponement policy. The Council is not required to review its MFL rates remission and postponement policy until 2019. No changes are proposed for this policy.

42. Under the principles for the Community Grants Policy, all grants programmes should respond to Auckland Council’s commitment to improving Māori outcomes.

Implementation

43. Differences in implementation for each of the options are set out in Table 1 above.

Attachments

No.	Title	Page
a ⇩	Summary of Auckland Council Rates remission and postponement policy schemes	63
b ⇩	Rates remission and postponement policy	69
c ⇩	Value of legacy schemes by local board area	87
d ⇩	List of all community and sporting remissions by local board area - Confidential

Signatories

Authors

Beth Sullivan - Principal Advisor Policy

Andrew Duncan - Manager Financial Policy

Authorisers

Ross Tucker - Acting General Manager, Financial Strategy and Planning

Carol McKenzie-Rex - Acting General Manager Local Board Services

Nina Siers - Relationship Manager

Franklin Local Board

12 December 2017

Revising the local board Standing Orders

File No.: CP2017/26347

Purpose

1. To consider and adopt revised Standing Orders for local board meetings.

Executive summary

2. Standing Orders are the rules for conduct and procedure at meetings. They are used to help meetings run smoothly and in accordance with relevant legislation, to ensure the integrity of the decision-making process, and to help elected members and members of the public understand how they can participate.

3. The current local board Standing Orders (SOs) were set by the Auckland Transition Agency on 27 October 2010. It is now timely to revise them to ensure they remain a clear, relevant and practical tool for local board meetings.

4. At its meeting on 28 May 2015, the Governing Body resolved to amend its Standing Orders on the basis of work undertaken by a political working party.

5. The revised Standing Orders have a simplified layout, are written in a plain language style, and contain a summary and process diagram at the front for ease of reference during a meeting.

6. A working group of Democracy Advisors has assessed each provision of the current (generic) local board Standing Orders against the corresponding revised governing body Standing Orders. For each local board standing order they considered whether to retain the current wording, use the revised Governing Body wording or to have a combination of the two.

7. A draft set of revised local board Standing Orders is set out in Attachment A for local boards’ consideration. It is based on the recommendations of the Democracy Advisor working group and follows the revised Governing Body Standing Orders in terms of style.

8. The more significant suggested changes include new provisions for electronic attendance at meetings, dealing with conflicts due to the non-financial interests of members, processes for Governing Body and Māori input and enabling use of New Zealand Sign Language at meetings.

9. This report recommends that local boards consider and adopt the revised Standing Orders in Attachment A.

10. Any changes to a boards Standing Orders requires a majority vote of not less than 75% of members present.

Recommendation/s

That the Franklin Local Board:

a) adopt the standing orders detailed in Attachment A to the agenda report, entitled “Auckland Council Standing Orders of the Local Board”, in replacement of its current standing orders.

Comments

Background

11. Standing Orders are the rules for conduct and procedure at meetings. They are used to help meetings run smoothly and in accordance with relevant legislation, to ensure the integrity of the decision-making process, and to help elected members and members of the public understand how they can participate.

12. The Governing Body Standing Orders were compiled in 2010 by the Auckland Transition Agency from legacy council standing orders and the NZ Standards Model Standing Orders.

13. Local Board Standing Orders were modelled on the Governing Body Standing Orders.

14. A political working party was set up in November 2013 to review the Governing Body’s Standing Orders. The working party’s findings were reported back to the Governing Body at its 28 May 2015 meeting (Attachment B).

15. Recent amendments to the Local Government Act 2002 (the Act) allowed additional changes to be considered by the working party. These changes included a provision to allow members to attend meetings via audio or audiovisual link.

16. At its 28 May 2015 meeting, the Governing Body adopted an amended set of Standing Orders which have a simplified layout, are written in a plain language style, and contain a summary and process diagram at the front for ease of reference during a meeting.

17. It was resolved at this meeting to forward the report to all local boards, drawing their attention to the suggestion to provide for councillor participation at local board meetings in their Standing Orders.

18. Over the last 18 months, a working group of local board Democracy Advisors has assessed each provision of the current (generic) local board Standing Orders against the corresponding revised Governing Body Standing Orders. For each local board standing order they considered whether to retain the current wording, use the revised Governing Body wording or to have a combination of the two.

19. A revised set of local board Standing Orders has been developed as an outcome of this work (Attachment A) which is in accordance with the recommendations of the Democracy Advisor working group.

20. The revised local board Standing Orders follow a similar format to the Governing Body Standing Orders with a simplified layout, a plain language style, and a summary and process diagram at the front for ease of reference during a meeting.

21. Key substantive changes from the current local board Standing Orders are summarised below. They aim to ensure the local board Standing Orders are up to date, fulfil Auckland Council’s legal obligations and are practical and useful for business meetings.

22. Many standing orders reflect provisions in legislation. In some cases the wording of the standing order may have been changed to a plain language style but the intention of the standing order remains the same. These standing orders are usually indicated by a reference underneath to the relevant clause in legislation. These standing orders may not be suspended.

Key changes

23. Key substantive suggested changes from the current local board Standing Orders are set out below.

Issue	Suggested changes	Purpose of suggested change	Reference in the revised LB Standing Orders
Quorum	Provision for the Chairperson to extend the 30 minute waiting time for a quorum, at the start of a meeting, by another 10 minutes - where members are known to be travelling to the meeting but are delayed due to unusual weather or traffic congestion. Change in the waiting time for a quorum to be reestablished (where, after a meeting starts, member(s) leave and there is no longer a quorum) from 20 minutes to 10 minutes.	Assists smooth running of meeting and ensures consistency with GB Standing Orders	3.1.4 and 3.1.6
Record of a workshop	Deletion of the requirement for the chairperson to sign-off the record of a workshop. Record of workshop proceedings will be circulated.	Assists smooth running of meeting	12.1.4
Public excluded business not to be disclosed	Clarification on situations where the duty of non-disclosure of information, at a meeting where the public were excluded, does not apply - namely where: · a meeting has resolved to make the information publically available; · there are no grounds under the Local Government Official Information and Meetings Act 1987 for withholding the information when requested; or · the information is no longer confidential.	Clarification and ensures consistency with GB Standing Orders	7.4.3
Languages	Amendments to allow New Zealand Sign Language (as well as English and Māori) to be used by members and in deputations, presentations and public forum. Two clear working days’ notice must be provided when an address is not in English (this is the same as the notice period required under the current local board Standing Orders and the governing body Standing Orders). The Governing Body input and Māori input sections also provide for addressing the meeting in New Zealand Sign Language, English or Māori.	Recognition of NZ Sign Language as an official language	1.1.2, 5.1.5, 6.1.5, 7.6.1, 7.7.5 and 7.8.4
Minutes	Clarification of what meeting minutes are to record.	Clarification	8.1.2
Agendas	Clarification that agendas can be sent electronically, and that names of local board and committee members are to be on each agenda.	Clarification	2.4.1 and 7.3.3
Non-financial interests	Suggested new provision regarding procedure for dealing with non-financial interests of members. If a member considers that there is a conflict of interest for an item, they may not take part in the discussions about or vote on the relevant matter.	Helps ensure robust, legally defensible decisions and consistent with GB Standing Orders	1.3.8
Repeat Notices of Motion	Suggested amendment that a Notice of Motion that the local board or a committee has considered twice and rejected within the previous six months may be refused by the Chairperson. (There is no longer the option for a further notice - prior to the expiration of the original period of 6 months - where signed by a majority of all members).	Assists smooth running of meetings and ensures consistency with GB Standing Orders	2.5.8
Procedural motions	Suggested new provision that the Chairperson has discretion about whether to allow any other procedural motion that is not contained in these Standing Orders.	Assists smooth running of meeting and ensures consistency with GB Standing Orders	1.7.12
Urgent items	Suggested change in title, from ‘Major items of business not on the agenda may be dealt with (extraordinary business)’ to ‘Urgent items of business not on the agenda may be dealt with (extraordinary business)’. This provision sets out when items not on an agenda may be considered. The suggested change in title aims to help clarify the types of issues that fall under this provision and better reflect the purpose of the provision. Text has also been added clarifying that extraordinary business may be brought before a meeting by a report of the Chief Executive or Chairperson. Where the matter is so urgent a written report is not practical, the report may be verbal.	Clarification	2.4.5 and Appendix D
Governing body input	A proposed section on Governing Body input sets out that a Governing Body member may provide input at meetings via speaking rights on items at the discretion of the chair and a report on the agenda for a Governing Body member to provide a general update on matters of interest to the board. This can include reporting on regional matters of interest to the local board or any matter the Governing Body member wishes to raise. This section aims to be more flexible than the current local board SO 3.9.14, by applying to Governing Body members in general rather than ward councillors for the local board area. Whilst the right for Governing Body members to speak as a deputation has also been retained, the Governing Body input section enables a more flexible/permissive option, given it does not require the authorisation of a governing body resolution. Use of the process for Governing Body deputations will be appropriate for more formal circumstances, where the Governing Body member is representing the views of the Governing Body as a whole. The suggested notice period is seven clear working days, to enable sufficient time for it to appear on the agenda. However, this is at the discretion of the Chairperson and can be shortened if necessary. The suggested speaking time is five minutes, in accordance with provisions in the Governing Body Standing Orders.	More permissive input provisions	Part 5
Order of business	Clarification that the order of business for an extraordinary meeting should be limited to items relevant to the purpose of the meeting. The Chairperson may allow governing body, Māori and public input that is relevant to the purpose of the meeting. The items listed in this section have been amended to fit with the order of business generated by Infocouncil.	Clarification and ensures consistency with GB Standing Orders	2.4.2
References to working parties and briefings	These have been taken out, as these forums tend to be less formal and not covered by Standing Orders.	Relevance
Public forum	Suggested changes clarifying that: · public forum may not be required at the inaugural meeting, extraordinary meetings or a special consultative procedure. · members may not debate any matter raised during the public forum session that is not on the agenda for the meeting, or take any action in relation to it, other than through the usual procedures for extraordinary business if the matter is urgent. The meeting may refer the matter to a future meeting, or to another committee, or to the Chief Executive for investigation. · Māori or New Zealand Sign Language can be used at public forum, as long as two clear working days’ notice is provided. Where practical, council will arrange for a translator to be present. · the Chairperson may direct a speaker to a different committee and prohibit a speaker from speaking if he or she is offensive, repetitious or vexatious, or otherwise breaches these standing orders.	Clarification	7.8
Suspension of standing orders	A provision has been included for a member to move a motion to suspend standing orders as a procedural motion. The member must name the standing orders to be suspended and provide a reason for suspension. If seconded, the chairperson must put it without debate. At least 75 per cent of the members present and voting must vote in favour of the suspension, and the resolution must state the reason why the SO was suspended. It should be noted that some SOs reflect provisions in legislation so cannot be suspended. These are usually indicated by a reference underneath the SO to the relevant clause in legislation.	To assist the smooth running of meetings and ensure consistency with GB Standing Orders	1.7.11
Notice to be seconded	A notice of motion delivered to the Chief Executive must be signed by another member of the meeting as a seconder – unless member is giving notice of motion to revoke or alter a previous resolution.	Consistency with GB Standing Orders	2.5.2
Chairperson discretion	The discretion of the Chairperson has been clarified and made as consistent as possible in Standing Orders relating to Governing Body input, Māori input, public forum and deputations.	Clarification and consistency	Parts 5 and 6, 7.7 and 7.8
Māori responsiveness	Suggested provisions for representatives of Māori organisations to provide input at local board or committee meetings via speaking rights during relevant items. The main purpose of the provisions is to recognise the special status of Māori and increase the council’s responsiveness to Māori. The provisions also provide more flexibility than the deputations process, which restricts the number of deputation members that may address the meeting. The suggested notice period is seven clear working days, to enable sufficient time for such an item to appear on the agenda. However, this is at the discretion of the chair and can be shortened if need be.	Recognition of the special status of Māori and IMSB’s role under section 85 of the Local Government (Auckland Council) Act 2009	Part 6 and 4.2.2
Working days / clear working days	The term “clear working days” has been used throughout the document, to refer to the number of working days prescribed for giving notice. It excludes the date of service of that notice and the date of the meeting itself. This is in accordance with legislation (Local Government Act 2002, Local Government Official Information and Meetings Act 1987 and the Interpretation Act).	Clarification and consistency
Governing body input, Māori input, public forum, deputations	The provisions in these sections have been made as consistent as possible and, where appropriate, in accordance with the Governing Body Standing Orders. Legal advice has been followed regarding the subjects a speaker may not speak about and the questions which can be put to speakers.	Clarification
New appendices	New appendices have been added, setting out who must leave the meeting when the public is excluded and how business is brought before a meeting. Provisions in the current local board Standing Orders relating to workshops have been placed in an appendix, given their exemption from Part seven of the Local Government Official Information and Meetings Act 1978.	Clarification	Appendices B-D
Electronic attendance at business meetings	Recent changes to the Local Government Act 2002 now allow members to attend meetings by audio or audio-visual means in certain situations. There are a number of restrictions for this provision in the legislation including that relevant technology is available and of suitable quality, all those participating can hear each other and there is no reduction in accountability or accessibility of the member in relation to the meeting. Members attending meetings by electronic link may vote but are not counted as part of the quorum. The revised Standing Orders contain provisions to enable members to attend meetings by electronic link, where the member is representing the council at a place that makes their physical presence at the meeting impossible or impracticable, to accommodate the member’s illness or infirmity or in emergencies. This provision will only apply where the technology is available.	Allows members to attend meetings whilst away on council business, or during illness or other emergency.	3.3
Membership of committees	In accordance with section 85 of the Local Government (Auckland Council) Act 2009, a clause has been included acknowledging that the Independent Māori Statutory Board must appoint a maximum of two people to sit as members of committees that deal with the management and stewardship of natural and physical resources.	Clarification	4.2.2
Powers of delegation	Clause 36D of schedule 7 of the Local Government Act 2002 identifies who a local board may delegate decision-making to, and the powers a local board cannot delegate. This clause does not include the power to delegate to other subordinate decision-making bodies or more than one member of a local board. Therefore references to subordinate decision-making bodies have been removed.	Clarification	Part 4

Key differences from the governing body standing orders

24. The revised local board Standing Orders contain some points of difference with the governing body Standing Orders. Key points of difference are in the areas of refreshment breaks, petitions, notices of motion, and public input.

Consideration

Local board views and implications

25. This report provides information and a revised set of Standing Orders for local board consideration and adoption.

Māori impact statement

26. The local board Standing Orders deal with meeting procedure. They provide for Māori to be spoken at business meetings and for deputations, presentations and petitions to be in Māori. They also enable:

· Māori to participate on local board committees, even if they are not members of the relevant local board. See current local board SO 2.9.2 which states: “members of a committee or subcommittee may, but need not be, elected members of the Local Board”. As such, non-members may be appointed to committees or subcommittees if they have relevant skills, attributes or knowledge.

· the suspension of Standing Orders, which can be useful to flexibly incorporate tikanga at meetings.

27. New suggested provisions relating to Māori in the revised Standing Orders include:

· a section on Māori input, to recognise the special status of Māori and encourage their input at local board meetings. This is in accordance with advice from Te Waka Angamua and work being undertaken by some local boards on a co-design process with mana whenua to improve Māori input into local board decision-making;

· clarifying that the Independent Maori Statutory Board (IMSB) must appoint a maximum of two people to sit as members of committees that deal with the management and stewardship of natural and physical resources (in accordance with the Local Government (Auckland Council) Act 2009, section 85); and

· providing for Māori to be spoken at public forum, and by the governing body or Māori organisations providing input, as long as two clear working days’ notice is given of the intention to do so.

28. Including these provisions recognises the special status of Māori under Te Tiriti o Waitangi and Local Government Act 2002 requirements to provide opportunities and processes for Māori to contribute to decision-making processes.^{^[3]} It is also in accordance with the goals of council’s Māori Responsiveness Framework, Whiria Te Muka Tangata. In particular, to foster more positive and productive relationships between council and Māori, and contribute to Māori well-being by developing strong Māori communities.

Implementation

29. Changes to Standing Orders requires a majority vote of not less than 75% of members present (s27(3) Schedule 7, Local Government Act 2002).

30. If approved, the revised Standing Orders will come in to effect immediately.

31. Copies of the revised Standing Orders will be provided to all local board members, where local boards choose to adopt changes.

Attachments

No.	Title	Page
a ⇨	Revised Local Board Standing Orders (Under Separate Cover)
b ⇩	Governing Body Political working party’s finding	121

Signatories

Authors

Blair Doherty - Democracy Advisor, Local Board Services

Authorisers

Carol McKenzie-Rex - Acting General Manager Local Board Services

Nina Siers - Relationship Manager

[1] The Governing Body resolved to delegate this power to local boards. However, this was in error, as it was always intended that the power should be allocated to local boards by Governing Body and it was discussed by the Political Working Party in this context.

[2] The headline rates increase in an annual plan, or long-term plan, is a comparison of the annual rates requirement to the previous years budgeted rates requirement. Moving a charge against revenue to an expenditure item like grants will increase the council’s costs and inflate the apparent rates increase. However, remissions and postponements are a cost already borne by those ratepayers not receiving them. Therefore an adjustment will be made to the 2014/2015 budgeted rates requirement for the purpose of calculating the rates increase proposed for 2015/2016.

Chairperson	Angela Fulljames
Deputy Chairperson	Andrew Baker
Members	Malcolm Bell
	Alan Cole
	Brendon Crompton
	Sharlene Druyven
	Amanda Hopkins
	Murray Kay
	Niko Kloeten

Chairperson:	Angela Fulljames
Members:	Andy Baker, Alan Cole, Amanda Hopkins, Murray Kay, Niko Kloeten (from 11.25am), Sharlene Druyven (from 9.41am)
Apology	Malcolm Bell, Brendon Crompton
Also present:	Nina Siers (Relationship Manager), Karen Gadomski (Senior Local Board Advisor), Georgina Gilmour (Local Board Advisor), Anthea Clarke (Democracy Advisor), Coral Timmins (Strategic Broker)

Chairperson:	Angela Fulljames
Members:	Andy Baker, Malcolm Bell, Alan Cole, Brendon Crompton, Sharlene Druyven, Amanda Hopkins, Murray Kay, Niko Kloeten
Also present:	Nina Siers (Relationship Manager) (until 12.10pm), Karen Gadomski (Senior Local Board Advisor), Georgina Gilmour ( Local Board Advisor), Anthea Clarke (Democracy Advisor), Coral Timmins (Strategic Broker)

Chairperson:	Angela Fulljames
Members:	Andy Baker (until 1.30pm), Malcolm Bell (from 9.39am until 1.30pm), Alan Cole, Sharlene Druyven, Amanda Hopkins, Murray Kay, Niko Kloeten (from 11.30am)
Apology	Brendon Crompton
Also present:	Karen Gadomski (Senior Local Board Advisor), Georgina Gilmour (Local Board Advisor), Anthea Clarke (Democracy Advisor), Coral Timmins (Strategic Broker), Lucy Stallworthy (Engagement Advisor) (until 10.42am, from 12.20pm)

Authors	Anthea Clarke - Democracy Advisor
Authorisers	Nina Siers - Relationship Manager

No.	Title	Page
a ⇩	Constellation Playground Concept Design.	25